Juggling in Aichtal e. V.
Association for the promotion of juggling and circus arts in Aichtal
Please note: this is a translation by our friend Rachel who volunteered to translate the information provided. Only the German version is a legal document.
Bylaws
1 Name and registered headquarters
The association bears the following name:
Juggling in Aichtal
Its registered office is located in Aichtal.
The name of the association is supplemented by the addition “eingetragener Verein” (e.V.) (registered association). The fiscal year is the calendar year.
2 Purpose of the association
The association pursues exclusively and directly charitable or benevolent purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code (§§51 ff. AO Abgabenordnung) in its currently valid version. The purpose of the association is to promote the circus arts by organizing juggling conventions and juggling meetings in Aichtal. The association serves to promote sports, the arts, youth work, and international understanding.
3 Selflessness
The association acts selflessly. It does not primarily pursue its own economic interests. The association's funds may only be used for purposes specified in the statutes. Members of the association do not receive any payments from the association's funds in their capacity as members. No person may benefit from expenses that are not related to the purpose of the association or from disproportionately high remuneration. Exceptions to this are expenses for the trainer's flat rate in accordance with § 3 No. 26 EStG (German Income Tax Act) and expense allowances in accordance with § 3 No. 26a EStG.
4 Membership
Any natural or legal person who supports the objectives of the association may become a full member. The executive committee shall decide on applications for membership. The executive committee must disclose the reasons for any rejection.
Membership shall end upon resignation, expulsion, or death. Resignation must be declared in writing to the executive committee with six months' notice.
Expulsion by the executive committee with immediate effect is possible if a member has seriously violated the objectives and interests of the association. The member must be given the opportunity to justify their actions or comment before the decision is made.
An appeal against the expulsion decision may be lodged with the next general meeting within four weeks of notification, which shall make a final decision. If a member is 12 months in arrears with their membership fees, their membership shall expire.
5 Membership fees
Members pay membership fees in accordance with a resolution passed by the general meeting.
6 Organs of the association
The organs of the association are:
- The general meeting
- The executive board
The organs of the association may perform their duties in return for reasonable remuneration. If necessary, association offices may be exercised in return for payment within the scope of budgetary possibilities on the basis of a service contract or against payment of an expense allowance in accordance with § 3 No. 26 a EStG (German Income Tax Act). The decision on remunerated association activities shall be taken by the general meeting. The same applies to the content and terms of the contract.
7 General Meeting
The General Meeting is the highest body of the association. The General Meeting must be convened at least once a year. It must take place in the form of a physical meeting or an online meeting supported by a conference call.
An extraordinary general meeting shall be convened if the interests of the association so require or if 10% of the association's members request it in writing, stating the reasons.
The general meeting shall be convened in writing by the executive committee (chairperson) with at least two weeks' notice, at the same time announcing the agenda. The invitation may be sent by email.
The general meeting is responsible for all tasks that are not assigned to another body in accordance with the statutes.
In particular, it is responsible for the following tasks:
- appointing and dismissing the executive committee,
- appointing two independent auditors for a term of 3 years
- accepting the annual and cash reports,
- accepting the report of the cash auditors,
- discharging the executive committee,
- Passing resolutions on the setting of membership fees,
- Passing resolutions on amendments to the Articles of Association; this requires a two-thirds majority of the
members present,
- Passing resolutions on the dissolution of the Association; this requires a two-thirds majority of the
members present,
- passing resolutions on the long-term tasks and objectives of the association and on the financial measures necessary to achieve these, such as participation in companies, taking out loans, or similar.
Every general meeting convened in accordance with the statutes is quorate regardless of the number of
members present.
Each member has one (1) vote. Voting rights are not transferable. Voting is open.
The general meeting passes its resolutions with a two-thirds majority of the members present, unless the statutes stipulate otherwise in individual cases. In the event of a tie, a motion is deemed rejected. Invalid votes and abstentions are not counted.
8 The Executive Board
The Executive Board consists of the 1st Chair, the 2nd Chair, and the Treasurer. It represents the association in and out of court.
The Executive Board is elected by the General Meeting for a term of three years. Re-election is possible. The current members of the Executive Board remain in office after the end of their term until their successors are elected.
The Executive Board is responsible for managing the day-to-day business of the association. It performs its duties on a voluntary basis. The General Meeting may decide to pay an expense allowance to the Executive Board for the past financial year. The Executive Board may appoint a managing director for day-to-day administrative matters. The managing director is entitled to participate in the meetings of the Executive Board in an advisory capacity.
Executive Board meetings shall be held as required, but at least twice a year. Executive Board meetings may take place as physical meetings or via online minutes, supported by a conference call.
Written invitations to Executive Board meetings shall be sent by the chairperson or his/her deputy with one week's notice. The invitation may be sent by email. The board meetings shall constitute a quorum if two-thirds of the board members are present. The board shall pass its resolutions by a simple majority. All resolutions passed shall be recorded in writing and signed by all board members present.
9 Certification of resolutions
Resolutions passed at board meetings and general meetings must be recorded in writing and signed by at least two board members.
10 Dissolution of the association and binding of assets
The association shall be dissolved if it is determined that it is no longer able to fulfill the purpose specified in § 2 (2). Only the general meeting may decide on the dissolution of the association. The dissolution of the association can only be decided by a two-thirds majority of the valid votes cast. In the event of dissolution of the corporation or discontinuation of tax-privileged purposes, the assets shall fall to KiJu – Kinder- und Jugendfreundliches Aichtal e. V. (Child- and Youth-Friendly Aichtal), which shall use them directly and exclusively for charitable, benevolent, or ecclesiastical purposes.